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2000 National Freedom of Information Day conference


Sponsored by The Freedom Forum's First Amendment Center
in cooperation with the American Library Association

Thursday, March 16, 2000
Rooftop Conference Center, The Freedom Forum
1101 Wilson Blvd., Arlington, Va.

Program highlights

  • Presentation of the 11th annual James Madison Award to Larry Irving, former assistant secretary of commerce for communications and information
  • Keynote presentations by Irving and Jane Kirtley, University of Minnesota
  • Presentations and panel discussions by a distinguished list of FOI experts
  • A series of "FOI Updates" on government secrecy, new legal decisions, international FOI, and state and federal legislation and developments

    AGENDA

    8 a.m. — Continental breakfast

    8:30 — Welcome and introductions

  • Paul McMasters, The Freedom Forum

    8:35 — Opening remarks

  • Ken Paulson, First Amendment Center

    8:45 — Morning keynote
    Running Out of Memory: Are First Principles Lost in the Technology Tangle?

  • Jane Kirtley, University of Minnesota

    9:30 — Panel discussion: Electronic Access: Are the Threats to Privacy and Security Too Great?

  • Moderator: Molly Leahy, Newspaper Association of America
  • Ari Schwartz, Center for Democracy and Technology
  • Steven Chabinsky, FBI
  • Lucy Dalglish, Reporters Committee for Freedom of the Press
  • J. Robert Port, APBnews.com

    10:30 — Radio interview: Lucy Dalglish, Reporters Committee

    10:40 — Presentations and discussion
    Part 1: FOI Updates

  • Moderator: Claire Shanley, American Society of Access Professionals
  • Steven Aftergood, Federation of American Scientists
  • Kevin Goldberg, Cohn & Marks; co-counsel, American Society of Newpaper Editors
  • Harry Hammitt, Access Reports
  • Kate Martin, National Security Archive

    11:45 — Lunch

    Radio interview: Mark Zaid, James Madison Project

    12:30 p.m. — Presentation of 11th Annual Madison Award by American Library Association

  • Nancy Kranich, American Library Association

    12:45 — Luncheon keynote
    Conquering the Divide

  • Larry Irving, former assistant secretary of commerce for communications and information

    2 p.m. — Panel discussion: The Digital Divide: How Wide, How Deep, How Long?

  • Moderator: Nancy Kranich, ALA
  • Mark Lloyd, Civil Rights Forum on Communications Policy
  • Adam Powell, The Freedom Forum
  • Jorge Schement, Penn State University
  • Rick Weingarten, American Library Association

    3 p.m. — Break
    Radio interview: Nancy Kranich, American Library Association

    3:10 — Panel discussion: Satellite Imagery: Who Gets to Control the Shutter?

  • Moderator: Adam Powell, The Freedom Forum
  • Marc J. Berkowitz, Department of Defense
  • Mark Brender, Satellite Imaging
  • Dan Dubno, CBS News
  • Kathleen Kirby, RTNDA
  • Gil Klinger, National Reconnaissance Office

    4:10 p.m. — Presentations and discussion
    Part 2: FOI Updates

  • Moderator: Tom Susman, Ropes & Gray
  • Rebecca Daugherty, Reporters Committee for Freedom of the Press
  • David Banisar, Privacy International
  • Frosty Landon, National Freedom of Information Coalition
  • Kyle Niederpruem, Society of Professional Journalists

    5:10 p.m. — Reception


    Registration
    There is no charge for the conference, but participation will be on a first-come, first-served basis. To sign up for the conference, please contact Virginia Wright at 703/284-3512 or at addressvwright@freedomforum.org.


    Speakers and presenters
    Steven Aftergood is a senior research analyst at the Federation of American Scientists, where he directs the Project on Government Secrecy. The project works to reduce the scope of government secrecy, to accelerate declassification of Cold War documents, and to promote reform of official secrecy practices. In 1997, Aftergood brought an FOIA suit against the Central Intelligence Agency, which successfully led to the declassification and publication of the total intelligence budget ($26.6 billion in 1997) for the first time in 50 years. An electrical engineer by training, he joined the FAS in 1989.

    David Banisar is an attorney and writer in the Washington, D.C., area specializing in communications, privacy, free speech, and freedom of information law. He is a senior fellow at the Electronic Privacy Information Center and deputy director of Privacy International, an international human rights group based in London. He is the author of the annual EPIC/PI Privacy and Human Rights survey of privacy, data protection, surveillance and freedom of information laws around the world, and co-author of the Cryptography and Liberty survey on global encryption policy.

    Marc J. Berkowitz is director for space policy in the Office of the Assistant Secretary of Defense for Command, Control, Communications and Intelligence (OASD/C3I). As a principal adviser to the ASD(C3I), he develops, coordinates, and oversees implementation of Department of Defense policy and planning guidance for space activities. In this capacity, he serves as a focal point in the Department of Defense for all policy matters related to space activities, including interagency development and coordination of U.S. Government policy. Previously, he served as the assistant deputy under secretary of defense for space policy. Berkowitz received the Department of Defense Exceptional Civilian Service Award in January 1997 and the OSD Award for Excellence in 1998. He also received the National Space Club's Robert H. Goddard Memorial Historical Essay Award in 1992.

    Mark Brender is director of Washington Operations for Denver-based Space Imaging. He joined the company two years ago after a 16-year career at ABC News as an assignment editor and Pentagon producer. Prior to his work with ABC News, Brender served in the U.S. Navy as a public affairs officer and is a retired naval reserve commander. In 1985, Brender set up the 'Remote Sensing' Task Force for the Radio-Television News Directors Association.

    Steven Chabinsky is assistant general counsel at the Federal Bureau of Investigation and serves as the principal legal adviser to the National Infrastructure Protection Center. The NIPC is an interagency organization which includes representatives from law enforcement, intelligence, and military communities. Chabinsky is responsible for providing legal counsel covering a wide range of issues, including all aspects of the NIPC's criminal and foreign counterintelligence mission to detect, prevent, investigate, and respond to cyber attacks on the nation's critical infrastructures. He has played a prominent role in the development of InfraGard, an information sharing and analysis partnership between the FBI and the private sector, academia, and other federal, state and local agencies, which is dedicated in part to keeping computer networks secure against hackers. He also has worked extensively on electronic privacy and Freedom of Information Act issues as they affect the government's role in critical infrastructure protection. Before joining the FBI, Chabinsky practiced law in New York.

    Lucy Dalglish is executive director of the Reporters Committee for Freedom of the Press, an association of reporters and news editors dedicated to protecting the First Amendment. Before joining the Reporters Committee, she was a trial lawyer with the Minneapolis law firm of Dorsey & Whitney where she specialized in media law. While she served as the Society of Professional Journalists' Freedom of Information Committee chair, the committee took legal action to assure that the special prosecutor's final report on the Iran-Contra affair was released in 1994. Dalglish was inducted into the charter class of the National Freedom of Information Act Hall of Fame and received the annual Peter S. Popovich Freedom of Information Award. She is currently vice president of the National Freedom of Information Coalition.

    Rebecca Daugherty is director of the FOI Service Center, a special project of the Reporters Committee for Freedom of the Press. The Reporters Committee regularly tracks changes and proposals for change in electronic records access and has published Access to Electronic Records in the States. She is an attorney and an editor of Tapping Officials' Secrets, a state guide to open records and open meeting laws. She is also the editor of How to Use the Federal FOI Act, a guide to federal access laws. She is a past president of the American Society of Access Professionals and has been an FOI specialist at the U.S. Department of the Interior.

    Dan Dubno, a producer and technologist for CBS News in New York, coordinates the Special Events Unit coverage of major national and international news stories. He is a pioneer in the use of powerful graphic technologies, satellite imagery, and visualization tools for news coverage. Winner of numerous National Emmy awards, he was previously a producer of the Eye on America enterprise reports for the "CBS Evening News" with Dan Rather, and he produced investigative and feature segments for "Eye to Eye with Connie Chung," "America Tonight," and economic coverage for "CBS This Morning." Dubno is also chair of the Radio-Television News Directors' Association Task Force on Remote Sensing and is an adjunct Professor at Columbia University's Graduate School of Journalism.

    Kevin Goldberg, an associate at the Washington, D.C., law firm of Cohn & Marks, specializes in First Amendment press issues and Internet law and serves as co-counsel to the American Society of Newspaper Editors. In the past, he has lobbied in favor of increased access to government records and proceedings and protecting the rights and privileges of reporters. He is a member of the American Bar Association's Forum on Communications law, the Federal Communications Bar Association, the Computer Law Association, the Virginia Coalition for Open Government, and the Advisory Council for the Media Institute. He has also co-written articles for the Media Studies Journal, Communications Lawyer, and The First Amendment and the Media.

    Harry Hammitt is editor and publisher of Access Reports, a biweekly newsletter on freedom of information, open government, information policy, and privacy. He also edits and publishes a monthly newsletter for Canadians, Canada and Abroad. He is a contributing editor to Government Technology and a co-author of the ACLU's Litigation Under the Federal Open Government Laws. He is a former president of the American Society of Access Professionals (ASAP) and a board member of the Virginia Coalition on Open Government. He has written and lectured extensively on issues concerning access and privacy both in the United States and in Canada.

    Larry Irving is president and chief executive officer of UrbanMagic.Com, an Internet portal for the African American community scheduled to be launched later this year. UrbanMagic.Com is a joint venture of Magic Johnson Enterprises, Guidance, a Web development firm, and United Talent Agency. Prior to joining UrbanMagic.Com, Irving was assistant secretary for information and communications at the Department of Commerce and a point person for the Clinton administration in reforming telecommunications law. He was named, by Newsweek, as one of the 50 most influential persons in the "Year of the Internet" because of his work to promote policies and to develop programs to ensure access to advanced telecommunication and information technologies. He also initiated a federal survey to track telecommunication and information technology access across racial, economic, and geographic lines. Irving worked on Capitol Hill for 10 years before joining the Clinton administration.

    Kathleen Kirby is of counsel to Wiley, Rein & Fielding, a communications law firm in Washington, D.C. Kirby is a former radio broadcaster whose practice involves advising some of the country's largest media groups on regulatory and policy matters, assisting radio and television stations with FCC compliance, drafting and negotiating program license agreements, and counseling clients on the sale and acquisition of broadcast properties. Kirby also serves as outside counsel to the Radio-Television News Directors Association, advising electronic journalists on a variety of legal and legislative matters, including privacy, libel, content regulation, freedom of information and other First Amendment issues. She is a frequent author and lecturer on newsgathering issues and writes a monthly column for RTNDA's Communicator magazine.

    Jane Kirtley is the Silha Professor of Media Ethics and Law at the School of Journalism and Mass Communication at the University of Minnesota. Before joining the faculty at the University of Minnesota, she was the executive director of the Reporters Committee for Freedom of the Press for 14 years. She speaks frequently on First Amendment and freedom of information issues, both in the United States and abroad and writes a monthly column for American Journalism Review. She has received many awards and honors, including induction into the Medill School of Journalism's Hall of Achievement in 1999; the FOI Hall of Fame in 1996; and the John Peter Zenger Award for Freedom of the Press and the People's Right to Know from the University of Arizona in 1993.

    Gil Klinger is director of policy at the National Reconnaissance Office at the Central Intelligence Agency. Prior to joining NRO last year, he served as the acting deputy under secretary of defense for space and held the permanent position of principal assistant. He previously served as the director for Space and Advanced Technology Strategy in the Office of the Under Secretary of Defense for Policy and as staff assistant, deputy director, and director for strategic forces policy in the Office of the Under Secretary of Defense for Policy. Klinger received the Distinguished Civilian Service Medal, the highest award given to civil servants in the Department of Defense, and the 1997 Presidential Rank Meritorious Executive Award, one of the two highest awards given to civil servants in the U.S. Government.

    Nancy Kranich is associate dean of libraries at New York University and vice president/president-elect of the American Library Association. She established the Coalition on Government Information in 1986, and, shortly thereafter, launched the annual James Madison Award ceremonies on Freedom of Information Day. Kranich has made 200 presentations and written more than 50 articles on topics related to information policy and legislative advocacy. She currently serves as a member of the Advisory Board of the National Security Archive in Washington. Nancy has a master's degree in public administration from New York University's Wagner School of Public Service, an M.A. from the University of Wisconsin in library science, and a B.A. from the University of Wisconsin in anthropology.

    Forrest M. (Frosty) Landon is executive director of the Virginia Coalition for Open Government, which he helped organize four years ago. The coalition is a nonprofit, nonpartisan organization that opposes excessive secrecy in Virginia government. It has more than 180 members. He currently is president of the National Freedom of Information Coalition, whose members include FOI groups in 35 states. Landon retired in the fall of 1995 as executive editor/vice president of The Roanoke Times, after working 30 years as a newspaper editor and, earlier, 10 years as a radio-TV journalist — all in Roanoke. He is a former chairman of the FOI Committee of the American Society of Newspaper Editors and has been a member of the Virginia Press Association's FOI Committee for more than a decade. In 1988, the Richmond chapter of the Society of Professional Journalists gave him the George Mason Award for outstanding contributions to Virginia journalism. A decade later, he was inducted into the Virginia Communications Hall of Fame and given SPJ's national Freedom of Information Award.

    E. Molly Leahy is director of government affairs and legislative counsel for the Newspaper Association of America. She manages the Association's federal legislative efforts on the First Amendment, access to governmental records, intellectual property rights, and the Internet. She represents NAA members before Congress and various federal agencies. Previously at NAA, Leahy managed the state affairs department, monitoring state legislative initiatives that affect newspapers' ability to print, publish, and distribute their product. Before joining NAA, she was an associate at the lobbying firm of Wexler, Reynolds, Harrison & Schule (now the Wexler Group).

    Mark Lloyd is the executive director of the Civil Rights Forum on Communications Policy. He also serves as general counsel and a member of the board of directors of the Benton Foundation, a national foundation promoting the use of media in the public interest. Previously, Lloyd worked as a communications attorney in Washington, D.C., representing both commercial and non-commercial communication companies for the firm of Dow, Lohnes & Albertson. He also has nearly twenty years of experience as a print and broadcast journalist. He has published in The Washington Post and The Christian Science Monitor and has worked as a reporter and producer at NBC and CNN. He is the recipient of several awards for his writing and reporting, including a Hopwood Award, an Emmy, and a Cine Golden Eagle.

    Paul K. McMasters is the First Amendment ombudsman at The Freedom Forum. He joined The Freedom Forum in 1992 after 33 years in daily journalism, the last 10 at USA TODAY, where he was associate editorial director. He regularly writes and lectures on First Amendment and freedom of information issues. Additionally, he testifies before Congress and government commissions and serves as a resource for the public and the press on free speech and free press matters. He is a former national president of the Society of Professional Journalists and served as the National Freedom of Information chair for that organization from 1986 to 1990. In 1996, he was inducted into the FOIA Hall of Fame, and this year received the John Peter and Anna Catherine Zenger Award for his First Amendment and FOI work.

    Kate Martin is general counsel to the National Security Archive, the world's largest non-governmental repository of declassified documents, and director of the Center for National Security Studies, a civil liberties organization. Since 1988, Martin has litigated, written about, and testified before Congress on the entire range of issues involving public access to government information, freedom of expression, and national security. From 1988 to 1992, Martin directed the National Security Litigation Project for the ACLU and in 1989 pursued a successful lawsuit to preserve e-mail messages from the National Security Council. She is the author of Civil Liberties and National Security on the Internet and co-author of Safeguarding Liberty: National Security, Freedom of Expression and Access to Information.

    Kyle E. Niederpruem is national president of the Society of Professional Journalists, the nation's largest press organization. She is a former national FOI chair of SPJ, also. She has been a reporter since 1979. Currently, she is assigned to the state government team as an enterprise reporter for The Indianapolis Star. In her 20-year career, she has covered nearly every beat from law enforcement to long-term investigative projects. In 1998, she was a lead planner for a seven-newspaper project in Indiana auditing public records. The project — "The State of Secrecy" — brought immediate results. Two new laws brought substantive changes, from standardized copying fees to the appointment of a public access counselor to resolve disputes. Several states and communities, using the Indiana project as a blueprint, have subsequently conducted and published similar audits. She has won numerous local, state, and national awards for her environmental coverage, a beat she covered for seven years prior to her current assignment.

    Kenneth A. Paulson is the executive director of the First Amendment Center at Vanderbilt University and senior vice president of The Freedom Forum. He is also an adjunct professor at the Vanderbilt University School of Law. Paulson was a newspaper editor and reporter for 18 years. He developed and launched online service at both FLORIDA TODAY and Gannett Suburban Newspapers. He also oversees The Freedom Forum Online, The Freedom Forum's news and information Web service.

    J. Robert Port is a senior computer-assisted reporting editor for APBnews.com, where he began an effort to publish financial disclosure reports for federal judges on the Internet and published a special report on crime risk at colleges. Before joining APBnews.com, Port worked four years as special assignment editor for the Associated Press in New York, heading a team of national writers working on investigative projects, like stories on the Korean War massacre at No Gun Ri and corruption in the federal government's wild-horse program. He was awarded the 1999 Scripps Howard Foundation National Journalism Award for best Web reporting; the AP Managing Editors' award for national enterprise reporting; and the 1991 SPJ National Distinguished Service Award for investigative reporting.

    Adam Clayton Powell III is vice president of technology and programs at The Freedom Forum. He writes and edits several articles a month for The Freedom Forum Online; some of his recent articles have appeared in Media Ethics Quarterly, Reason and Wired magazine. He created and produces the weekly "Newseum Radio" hourlong magazine program on NPR Worldwide and the daily Freedom Forum radio service on the Internet. Powell is the recipient of the 1999 World Technology Award for Media and Journalism, the Overseas Press Club and Associated Press awards for international and regional reporting.

    Jorge R. Schement is professor and co-director of the Institute for Information Policy in the College of Communications and in the School of Information Science and Technology at Penn State University. His research interests focus on the social and policy consequences of the production and consumption of information. His policy research contributed to a Supreme Court decision in Metro Broadcasting, Inc. v. Federal Communications Commission et al. He conducted research identifying a gap in access to information services for minorities and women. He has advised three of the presidential candidates on digital divide issues and recently was recognized by President Clinton for his work in this area.

    Ari Schwartz, a policy analyst at the Center for Democracy and Technology, focuses on protecting and building privacy protections in the digital age by advocating for increased individual control over personal information held by commercial and governmental parties. He also works on issues related to expanding access to government information via the Internet and issues of online advocacy and civil society. Schwartz is a regular columnist for the Federal Computer Week magazine and serves on the program committee for the 10th annual Computers, Freedom and Privacy Conference. Prior to working at CDT, Schwartz worked at OMB Watch researching and analyzing the nonprofit sector's engagement in technology, government performance, access to government information, and government information technology policy.

    Claire Shanley has served as executive director of the American Society of Access Professionals for more than 13 years. She oversees the day-to-day operations of the society, which is an independent, educational, not-for-profit association founded in 1980 by federal government employees and private citizens working in the fields of information access through the Freedom of Information Act, the Privacy Act, and other laws and regulations.

    Thomas M. Susman is a partner in the Washington office of Ropes & Gray. Before joining Ropes & Gray in 1981, Susman served on Capitol Hill for more than 11 years. As counsel and chief counsel to the Senate Subcommittee on Administrative Practice and Procedure, Susman was the principal staff lawyer responsible for development of the 1974 Freedom of Information Act Amendments. He also drafted for the library community legislation governing access to federal electronic information through the Government Printing Office, enacted in 1993. He has written a number of articles on privacy and freedom of information. He has litigated FOIA and Privacy Act cases at the state and federal level — including cases against the CIA and Department of State — and has taught the FOIA to lawyers, access professionals, students, foreign journalists, and government officials.

    Rick Weingarten, director of the Office for Information Technology Policy at the American Library Association, researches and analyzes the policy implications of new technology for libraries and librarians. He has served on advisory committees for the National Science Foundation, the State Department, and the Defense Department. He was also appointed by the Secretary of Commerce to the National Computer System Security and Privacy Advisory Board. He has spoken and written extensively on information technology policy and was named the Association for Computing Machinery Fellow in recognition of his contributions to information and technology policy.

    Mark Zaid, of counsel to the Washington D.C. law firm Lobel, Novins & Lamont, specializes in litigation and lobbying on matters relating to international transactions, torts and crimes, national security, and Freedom of Information/Privacy acts. Through his practice, Zaid has participated in cases against or involving, among others, the Central Intelligence Agency, the Federal Bureau of Investigation, the National Security Agency, and the Defense Intelligence Agency. Zaid is also the executive director of the James Madison Project, a Washington, D.C.-based nonprofit, with the primary purpose of educating the public on issues relating to intelligence gathering and operations, secrecy policies, national security, and government wrongdoing.




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